Legal Opinion
Herbert v. Federal National Mortgage Ass'n (In Re Herbert)
United States Bankruptcy Court, E.D. Pennsylvania
Decided May 26, 1988No. 19-10073PublishedCited by 33 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
We herein address an adversary proceeding attacking a Proof of Claim and a Motion to Disburse Proceeds from Sale of Real Estate filed by the Debtor’s mortgagee in the main bankruptcy case which present the same question: how much of the proceeds of a post-petition sale of the Debtor’s realty is the mortgagee entitled? We conclude as follows: (1) The mortgage is merged with a foreclosure judgment obtained by the mortgagee against the Debt- or, entitling a mortgagee to only statutory interest subsequent to the entry of judgment,…
2Cases cited22 opinions
- Heiser v. WoodruffSupreme Court of the United States · 1946
- In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
- United Companies Financial Corp. v. BrantleyUnited States Bankruptcy Court, N.D. Florida · 1980
- In Re LewisUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re Gulph Woods Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1988
17 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Frascatore v. Secretary of Housing & Urban Development (In Re Frascatore)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- In Re KleinUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Maxwell v. Fairbanks Capital Corp. (In Re Maxwell)United States Bankruptcy Court, D. Massachusetts · 2002
- In Re RorieUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Galloway v. Long Beach Mortgage Co. (In Re Galloway)United States Bankruptcy Court, E.D. Pennsylvania · 1998
28 more not listed; retrieve them via the Exa API.